NAC445A.67583. Categorical exclusion: Eligibility of water project.

     1. To determine whether a water project is eligible for a categorical exclusion, the Division shall review the information included in the letter of intent filed by the applicant pursuant to NAC 445A.67578.

     2. The following types of water projects may be eligible for a categorical exclusion:

     (a) The rehabilitation of an existing facility;

     (b) The replacement of equipment or structures;

     (c) Construction of a small structure on an existing site;

     (d) Minor upgrading or expansion of the existing capacity of:

          (1) The distribution system of a public water system; or

          (2) A public water system to develop and treat water; or

     (e) Any other water project for which there is sufficient evidence that a significant effect on the quality of the environment is unlikely.

     3. The following types of water projects are ineligible for a categorical exclusion:

     (a) A water project that creates a new source of water supply;

     (b) A water project that results in more than a minor increase in the capacity of:

          (1) The distribution system of a public water system; or

          (2) A public water system to develop and treat water;

     (c) A water project that is known or expected to have a significant effect on the quality of the human environment, regardless of whether the project:

          (1) Will have an immediate significant effect on the environment; or

          (2) Will cause the significant effect cumulatively over time,

Ê individually or in conjunction with other private actions or federal, state or local governmental actions;

     (d) A water project that is known or expected to affect directly or indirectly:

          (1) Recognized cultural resources;

          (2) Habitats of endangered or threatened species; or

          (3) Environmentally important natural resource areas, including, without limitation:

               (I) Floodplains;

               (II) Wetlands;

               (III) Important farmlands;

               (IV) Aquifer recharge zones;

               (V) Scenic areas; or

               (VI) Other resource areas;

     (e) A water project that is known or expected not to be cost-effective or cause significant public controversy concerning the natural environment; or

     (f) A water project that would qualify for a categorical exclusion pursuant to the provisions of subsection 2 but may have a significant effect on the environment.

     4. As used in this section, “capacity” means the physical or volumetric ability of the water system to deliver water to consumers.

     (Added to NAC by Bd. of Health by R067-98, eff. 7-23-98; A by Environmental Comm’n by R128-04, 2-14-2005)